As a landlord, you invest significant time, money, and effort into your rental property—often sacrificing personal time, taking on financial risks, and enduring the challenges of property management to provide a safe and comfortable home for your tenants. You carefully select renters, maintain the property, and uphold your end of the lease agreement with the expectation that tenants will do the same. Unfortunately, there are times when this relationship is exploited, with tenants failing to pay rent or violating lease terms, leaving you to face the daunting task of navigating legal proceedings. When a renter takes advantage of your hard work and dedication, it’s not just a breach of contract—it’s a breach of trust, turning what should be a mutually respectful business arrangement into a costly and stressful ordeal.
Our expert eviction lawyers know that every eviction can be a challenging process—costly, time-consuming, and stressful. But when a tenant requests a jury trial, it elevates the situation to a whole new level of complexity. This blog is a guide on navigating eviction by jury trial in Texas, with some practical insights and strategies to help you understand and manage the process effectively.
Before diving into the complexities of an eviction jury trial, consider aggressively pursuing a settlement. It’s often the most cost-effective and least stressful option. If settlement isn’t possible, hiring an experienced attorney can greatly improve your chances of success. However, if you prefer to handle the process yourself, this guide will walk you through the critical steps involved in an eviction jury trial.
The state of Texas permits tenants to request a jury trial during an eviction because possession of real estate is considered a distinct property right. While ownership (title) and possession are separate legal concepts, the U.S. Constitution mandates that a person’s right to possession cannot be taken away without due process, including notice and a hearing. Texas law allows tenants to have these hearings conducted by a jury. Even though a person cannot hold, feel, or touch your right to be in possession of your home, possession of real estate is nonetheless a “property right.”
To obtain a jury trial, tenants must make a request no later than 14 days before the original trial date. If a tenant cannot afford the jury fee, they may apply for a waiver on grounds of indigence. Texas courts are often lenient in granting such requests, especially for tenants who demonstrate financial hardship.
The potential jurors for a trial are collectively known as the venire. On the day of the trial, if there are fewer than 12 prospective jurors present, the judge may reschedule the trial or order the Constable to summon additional jurors from the general public, a process called “summoning talesmen.” Although rare, this can happen, and it’s something landlords should be prepared for.
The court will randomly organize the venire to form the jury list, either through software or by traditional methods like drawing names from a hat. The first six names on the list will become your jury unless you or your tenant use your strikes to remove jurors.
You and your tenant will conduct voir dire, a process of questioning potential jurors to uncover biases or prejudices that may affect their judgment. This is one of the most critical steps in a jury trial because the makeup of your jury can significantly impact the outcome.
The opening statement is your first opportunity to outline your case to the jury. It's essential to clearly present the key facts and the sequence of events in a logical and understandable way. Chronological presentations usually work best, but clarity is key. Ensure that your documents and evidence are organized to guide the jury through your narrative smoothly. Its important to avoid redundancy and making the same argument over and over again with different witnesses.
Witnesses can bolster your case by adding credibility. However, it's important to choose effective witnesses who can calmly and clearly present their observations. Witnesses who appear too emotional or argumentative may negatively impact your case, especially during cross-examination. Use witnesses sparingly and strategically—only when their testimony adds significant value to your case.
Your tenant will also have the opportunity to cross-examine your witnesses and present their side of the story. Be vigilant during this process and ready to object if your tenant attempts to make statements without being on the witness stand, as these statements are considered testimony.
Your closing statement is crucial. You need to summarize the case effectively and guide the jury through a logical sequence of questions that leads them to your desired conclusion: that you, as the landlord, have the superior right to possession. Make sure to address the specific issues raised during the trial and reinforce the key points that support your case. It is essential to guide the jury through a series of questions that logically lead to the ultimate issue at hand, persuading them that these are the questions they need to address. The specific questions may vary depending on the facts of your case. For instance, in one eviction case, the jury had to decide whether a tenant’s constant loud parties were a lease violation. The landlord was angry, but the jury’s focus was on the evidence presented. You should remember that while you might feel wronged, jurors do not share your emotional investment and must deliberate impartially, often leading to unexpected verdicts.
In a typical eviction case, particularly those involving non-payment of rent, the jury must answer several questions, such as:
Possession is a protected legal right, separate from ownership, and determining this right involves assessing whether the tenant has breached the lease agreement or other legal obligations that justify their removal. For landlords, this question is critical because it directly impacts their ability to reclaim their property and continue to use it as intended, whether for rental income or personal use. Juries must evaluate the facts presented—such as lease agreements, payment records, notices, and the fulfillment of legal procedures—to decide if the landlord’s right to possession outweighs any claims or defenses the tenant may have. Their decision on this question ultimately dictates whether the landlord can regain control of the property or if the tenant can remain, making it the pivotal point in any eviction trial.
Navigating an eviction by jury trial is complex, and Justice of the Peace Courts, where these cases are often heard, are no exception. If you’re facing this scenario, understanding the process, preparing meticulously, and considering professional legal assistance can make all the difference in achieving a favorable outcome. Remember, jurors are human and can be swayed by emotions and personal biases. They may sympathize with tenants, even if the evidence is in your favor. It’s not uncommon for juries to split decisions, such as awarding possession to the landlord but denying claims for back rent.
To recover attorney’s fees in an eviction suit, a landlord must provide a tenant who is unlawfully retaining possession of the property with a written demand to vacate. This demand must clearly state that if the tenant does not vacate the premises within 11 days of receiving the notice, and if the landlord subsequently files suit, the landlord may seek to recover attorney’s fees. The demand must be sent via registered mail or certified mail, with a return receipt requested, at least 10 days before the lawsuit is filed.
If the landlord complies with these requirements or if a written lease specifically entitles the landlord to recover attorney’s fees, the prevailing landlord is entitled to recover reasonable attorney’s fees from the tenant. Similarly, if the notice is given, or if the lease permits either the landlord or the tenant to recover attorney’s fees, the prevailing tenant is entitled to recover reasonable attorney’s fees from the landlord. Unlike the landlord, a prevailing tenant is not required to provide notice to recover attorney’s fees under this provision. In all cases, the prevailing party is entitled to recover all court costs. See Texas Real Property Code, Section 24.006.
During the time when the Dallas Temporary Ordinance is in effect, prior to a landlord sending a notice to vacate to any residential tenant that fails to pay rent, the landlord must first send the tenant a Notice of Proposed Eviction (Notice) notifying the tenant of tenant's unpaid rent, requesting the tenant to respond in writing within 10 days (response period) with proof of "QRAP" (Qualify Rental Assistance Program) application will then have 60 days from the date of the Notice for such assistance to be paid or scheduled for payment before an eviction may proceed. During the workout period, a landlord is prohibited from sending a tenant a notice to vacate to evict the tenant.
If tenant does not respond in writing withing 10 days eviction proceedings may begin on the 11th day.
An eviction by jury trial is a legal process where a jury, instead of a judge, decides whether a landlord has the right to regain possession of a rental property. Tenants can request a jury trial because possession of real estate is a property right protected by the U.S. Constitution. Texas law allows tenants to have their eviction cases heard by a jury to ensure due process, which includes the right to notice and a hearing.
Tenants must request a jury trial at least 14 days before the scheduled trial date for non-eviction cases, and no later than 3 days before the trial if an eviction is requested. If the tenant cannot afford the jury fee, they may file an affidavit of indigence to ask the court to waive the fee. Texas courts are generally accommodating in granting these requests, particularly for tenants who demonstrate financial need.
The jury selection process involves several steps. First, potential jurors, called the venire, are randomly ordered by the court. Both the landlord and the tenant have the right to question these potential jurors (a process called voir dire) to identify any biases or prejudices that might affect the case. After voir dire, the parties select six jurors from the venire to serve on the jury.
During the opening statement, landlords should clearly outline their case and present the key facts in an organized, chronological manner to ensure the jury understands the sequence of events. In the closing statement, landlords must succinctly summarize the evidence presented, guide the jury through the questions they need to answer, and convincingly argue why the evidence supports the landlord’s right to possession.
Eviction by jury trials can be unpredictable. While the jury's primary task is to determine if the landlord has the superior right to possession, jurors may be influenced by sympathy towards the tenant. It’s not uncommon for juries to issue mixed verdicts, such as awarding possession to the landlord but denying claims for back rent. The outcome often depends on how well the case is presented and the jurors' perception of the evidence and witnesses.
The notice to vacate must be delivered either in person or by mail to the premises in question. Personal delivery can be accomplished by directly handing the notice to the tenant or to any individual residing at the premises who is 16 years of age or older. Alternatively, the notice may be personally delivered to the premises and securely affixed to the inside of the main entry door.
If delivered by mail, the notice may be sent via regular mail, registered mail, or certified mail with a return receipt requested, addressed to the premises in question. In cases where the dwelling lacks a mailbox and is equipped with a keyless bolting device, alarm system, or a dangerous animal that prevents the landlord from entering to leave the notice inside the main entry door, the landlord may securely attach the notice to the outside of the main entry door. The notice period begins on the day the notice is delivered.
If, prior to serving the notice to vacate as outlined in this section, the landlord has provided the tenant with a written notice or reminder that rent is due and unpaid, the landlord may include in the notice to vacate a demand for the tenant to pay the delinquent rent or vacate the premises by the specified date and time stated in the notice.
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